Supreme Court Weekly Round-Up: Aug 28- 3rd Sept

Judgment/OrdersMotor Accident Claims - Social Status Of Deceased To Be Considered If There's No Definite Proof Of Income: Supreme CourtCase title: Kubrabibi v. Oriental InsuranceCitation: 2023 LiveLaw (SC) 697In its judgment, the Supreme Court highlighted that when dealing with cases involving individuals employed in the unorganized sector, it is crucial to consider the notional income based...

Article 370 Case Hearing : Live Updates From Supreme Court [Day 16]

The Supreme Court will continue hearing the petitions challenging the repeal of the special status of Jammu and Kashmir under Article 370 of the Constitution.The Constitution Bench led by Chief Justice of India DY Chandrachud is likely to conclude the arguments today.Follow this page for...

Supreme Court Issues Notice To P&H High Court On Plea Seeking Transparent Transfer Policy For Staff Of District Judiciary

The Supreme Court recently(August 28) issued notice to the Punjab and Haryana High Court in a petition filed by a Court staff challenging his transfer. The petitioner also sought the implementation of a clear and transparent transfer policy for staff of the district judiciary. He contended that in the absence of a transfer policy, Grade III and IV employees working in subordinate courts under...

Article 370 | Petitioners Never Challenged India's Sovereignty; Can't Adopt Emotive, Majoritarian Interpretation Of Constitution : Sibal To Supreme Court [Day 15]

The arguments of the Union government and the other respondents in the Article 370 matter came to an end yesterday, on the fifteenth day of the Article 370 hearings before a Constitution Bench comprising CJI DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant. This also marked the commencement of the rejoinder arguments by the petitioner. Must View Jammu...

Article 370 | Argument That Resurrection Of Article 370 Would Violate Basic Structure Too 'Far Fetched': Supreme Court [Day 15]

On the fifteenth day of the Article 370 proceedings before the Supreme Court Constitution Bench, the Union Government, along with other respondents drew their arguments to a close before a bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, Sanjiv Khanna, BR Gavai, and Surya Kant. The bench closed the arguments of the respondents' side. During the hearing,...

'Preventive Detention Law Can't Be Invoked At The 'Drop Of A Hat'; Some Police Officers Curbing Liberty' : Supreme Court Slams Telangana Police

The Supreme Court on Monday condemned the growing trend in the state of Telangana of passing orders of preventive detention at the ‘drop of a hat’ without consideration of the liberty and freedom guaranteed to people under the Constitution of India.A division bench of Justice Surya Kant and Justice Dipankar Datta reminded the authorities of the state of Telangana that the drastic...

Plea In Supreme Court Challenges Inclusion Of Transgender Identities Under Caste Lists In Bihar Caste Survey

A petition has been filed in the Supreme Court over the Bihar government including ‘hijra’, ‘kinnar’, ‘kothi’, and ‘transgender’ as an item in the caste list, while conducting its caste-based survey last month. The court is also hearing a batch of pleas doubting the constitutionality of the exercise. Trans activist Reshma Prasad has challenged the state...

Anti-Corruption Law Should Receive A Purposive Interpretation At The Hands Of The Constitutional Courts

C O N T E N T S Sl. Order. I N N E R T I T L E S Para No. A THE PROVOCATION 1 B REFERENCE TO THREE JUDGES’ 2 C REFERENCE TO CONSTITUTION BENCH (CB) 3 D THE APPROACH BY THE CB 4 E QUESTION FORMULATED BY THE CB 5 F ...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index-(Citations 584 - 608) [August 1 – 6, 2023]

SUBJECT WISE INDEXAdvocateThe Supreme Court vacated a stay order in a 16-year-old criminal appeal as it pulled up the appellant-lawyer for seeking repeated adjournments. Gulshan Bajwa v. Registrar, High Court of Delhi, 2023 LiveLaw (SC) 608Litigants should not be made to suffer because of the advocate's fault in withdrawing a complaint by mistake. Ashok Kumar v. New India Assurance Co. Ltd.,...

Supreme Court Asks Article 370 Case Petitioner To File Affidavit Accepting India's Sovereignty & Affirming Allegiance To Indian Constitution

The Supreme Court on Monday asked National Conference leader and Member of Parliament Mohammad Akbar Lone, who is the lead petitioner in the batch of petitions challenging the repeal of the special status of Jammu and Kashmir, to file an affidavit affirming that he unconditionally accepted that J&K was an integral part of India and that he owed allegiance to the Constitution of...

Supreme Court Adjourns Brinda Karat's Plea For FIRs Against Anurag Thakur & Parvesh Verma For Alleged Hate Speech

Although the court accepted Delhi police's request for an adjournment today, it said no such request would be entertained from them on the next day of hearing.

Can't Deny A Citizen's Statutory Rights For Not Having Aadhar Card: Telangana High Court Reiterates

The Telangana High Court has reiterated that a citizen of India cannot be denied his/her statutory rights for not possessing an Aadhar Card.The decision was passed by Justice Surepalli Nanda in a petition filed by Amina Begum with a prayer to direct the Revenue Authorities to issue patta passbook cum Title Deed in her favour."This Court opines that the Petitioner cannot be denied the...